Bryan W. Shaw, Ph.D., Chairman 

Toby Baker, Commissioner 

Zak Covar, Executive Director 

RECEIVED~ 5PDL 

AIR PLANNING SEC. 

13 DEC 30 PH 6: 08 

TEXAS COMMISSION ON ENVIRONMENTAL QUALI1Y 

Protecting Texas by Reducing and Preventing Pollution 

91 71D8 2133 3935 1971 D427 

December 23, 2013 

Mr. Ron Curry 

Regional Administrator 

U.S. Environmental Protection Agency- Region 6 

1445 Ross Avenue, Suite 1200 

Dallas, Texas 75202-2733 

Docket No. 2013-2092-SIP 

Rule Project No. 2014-009-SIP-NR 

Re: Withdrawal of Rules for the FutureGen Project in 30 Tex. Admin. Code Chapters 39 

and 116, from Consideration as State Implementation Plan Revisions 

Dear Mr. Curry: 

On December 11, 2013, the Texas Commission on Environmental Quality (Commission) voted 

to withdraw the rules for Permits for Specific Designated Facilities, commonly referred to as 

the rules for the FutureGen project, from consideration by the United States Environmental 

Protection Agency (EPA) as revisions to the State Implementation Plan. 

The rules TCEQ is withdrawing are 30 Tex. Admin. Code Chapter 116, Subchapter L, §§ 

116.1400, 116.1402, 116.1404, 116.1406, 116.1408, 116.1410, 116.1414, 116.1416, 116.1418, 

116.1420, 116.1422, 116.1424, 116.1426 and 116.1428, adopted on February 22, 2006 as Rule 

Project No. 2005-053-091-PR and submitted to the EPA on March 9, 2006. 

In addition, the commission also voted to withdraw the public participation rules unique to 

these permit applications which are in Chapter 39, §§ 39-402(a)(10), 39.419(e)(3), and 

39.420(h), adopted on June 2, 2010, as Rule Project No. 2010-004-039-LS and submitted to 

EPA on July 2, 2010. 

EPA proposed approval and direct final approval of these rules by notice in the Federal 

Register by EPA on November 21, 201,3 (78 FR 69812 and 69773) under Docket No. EPARo6-0AR-2006-0593. 

P.O. Box 13087 • Austin, Texas 78711-3087 • 512-239-1000 • tceq.texas.gov 

How is our customer service? tceq.texas.govjcustomersurvey 
Docket No. 2013-2092-SIP 

Rule Project No. 2014-009-SIP-NR 

Mr. Ron Curry 

Page 2 

Enclosed is the Commission's Order that enacts this action. 

Sincerely, 

~~:~w~~ .... 

Chairman 

BWS/tgs 

Enclosures 

cc: The Honorable Rick Perry, Governor of Texas 

Mr. Ryan Vise, Office of Budget, Planning and Policy, Office ofthe Governor 

Mr. Zak Covar, Executive Director, Texas Commission on Environmental Quality 
THE STATE C~ TEXAS 

TEXAS COMMISSION ON ENVIRONMENTAL QUALITY C.Olli::iY o:= TRo.v::: l H!~~i _(''.C. :;--'17··~' Js::;:;: l HI"Jf .:n ;;::'i':'f.> C:PI 

w_:',!I.F.i~~:.~-~.,.-r~--~-~~,--~ ·-- :~-~'::.:: <-- _-;, ~) rr:: 

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ORDER ADOPTING WITHDRAWAL OF RULES 

FROM CONSIDERATION AS REVISIONS TO THE SIP 

Docket No. 2013-2092-SIP 

:l'roject No. 2014-009-SIP-NR 

On December 11, 2013, the Texas Commission on Environmental Quality 

(Commission) adopted the withdrawal of the following rules in 30 Texas Administrative 

Code from consideration by the United States Environmental Protection Agency (EPA) 

as revisions to the State Implementation Plan. 

Chapter 116, Control of Air Pollution by Permits for New Construction or 

Modification, Subchapter L, Permits for Specific Designated Facilities, §§ 116.1400, 

116.1402, 116.1404, 116.1406, 116.1408, 116.1410, 116.1414, 116.1416, 116.1418, 116.1420, 

116.1422, 116.1424, 116.1426 and 116.1428, adopted on February 22, 2006 as Rule Project 

No. 2005-053-091-PR and submitted to EPA on March 9, 2006; 

Chapter 39, Public Notice,§§ 39-402(a)(10), 39.419(e)(3), and 39-420(h), adopted 

on June 2, 2010 as part of Rule Project No. 2010-004-039-LS and submitted to EPA on 

July 2, 2010; 

Chapter 101, General Air Quality Rules, § 101.28, adopted on December 1, 1999 as 

part of Ru1e Project No. 99017-101-AI and submitted to EPA on December 17, 1999; 

Chapter 122, Federal Operating Permits Program,§§ 122.215, and 122.218, 

adopted May 9, 2001 as part of Rule Project No. 2000-043-122-AI and submitted to EPA 

October 4, 2001; 

Chapter 122, Federal Operating Permits Program, § 122.216, amended May 9, 

2001 as part of Rule Project No. 2000-043-122-AI and submitted to EPA October 4, 

2001; and 

Chapter 122, Federal Operating Permits Program, § 122.217, as amended on 

November 20, 2002 as part of Rule Project No. 2002-043-122-AI and submitted to EPA 

on August 11, 2003. 

IT IS THEREFORE ORDERED BY THE COMMISSION that these rules are 

hereby withdrawn from submission to EPA. The submitted rules and accompanying 
d~c4itl¢'ri~i:b,at were submitted to EPA, including the preambles to the rules, are 

in~oupor(lti!P..by reference in this Order as if set forth at length verbatim in this Order. -·."·:I --''I . ' I l ' I '.'I ~·._ ' I 

· .. '.'. '). · J~i~)9r~er constitutes the Order of the Commission required by the 

Aclrmrl};"f.r~tiV:e Procedure Act, Government Code, § 2001.033· 

' ' . '' ':. '' :: ('' 

If any portion of this Order is for any reason held to be invalid by a court of 

competent jurisdiction, the invalidity of any portion shall not affect the validity of the 

remaining portions. 

Date Issued: D£C 1 3 2013 

TEXAS COMMISSION ON 

ENVIRONMENTAL QUALI1Y